Terms of Use | GlobeTrott

Last update: 22nd of June, 2021

1. GENERAL PROVISIONS

1.1. These Terms of Use stipulate hereunder the terms and conditions applied for using, accessing, or referring to GlobeTrott services and products.

1.2. The following capitalised terms shall have the following meanings:

1.2.1. Terms mean the present terms with all the additions and amendments thereto.

1.2.2. GlobeTrott, us or we mean UAB GlobeTrott Travel, legal entity code 305390703, address Spindulio g. 5-27B, LT-76163 Šiauliai, Lithuania.

1.2.3. App means GlobeTrott mobile application (iOs and Android) designed for digital tours, where the Travellers can access Content provided by the Local Experts and GlobeTrott.

1.2.4. Website means a website available at www.globetrott.com. Travellers can access a travel blog, articles and other Content published by the Local Experts and GlobeTrott editorial team and other information on the Website.

1.2.5. CMS means a system where Local Experts can upload their own audio tours and other related Content, which becomes accessible to the Travellers via the App or the Website. CMS is accessible via the Website.

1.2.6. Platforms means the App, CMS, and the Website, all jointly.

1.2.7. User means the Traveller and/or the Local Expert each separately and both jointly. This definition is used for the clauses of these Terms which apply to both the Travellers and the Local Experts.

1.2.8. Traveller means any person using the App, the Website, including purchasing the Services provided by us.

1.2.9. Local Expert means any person who registers and uses CMS to upload the Content.

1.2.10. Services include all actions that the User may perform on the Platforms (including, but not limited to, access to the Platforms, use of the Platforms, ordering Paid Services and uploading Content to CMS), as well as actions performed by GlobeTrott in relation to the Services. This includes, though it is not limited to the below services:

1.2.10.1. Content Services means the provision of access to the App and the Website, where Traveller can access Content provided by the Local Experts and GlobeTrott, including, but not limited to, access to audio tours, blog posts, articles and other Content made available by GlobeTrott. Some Content Services may be provided to the Traveller for a fee (hereinafter – Paid Services). The Paid Services and price for each item are clearly indicated in the App, and/or in the information notices displayed when ordering the exact Paid Service. The Traveller shall pay for the Paid Services in accordance with the procedures set out in the App and the Terms. Paid Services shall only be provided to the Traveller if they have been duly paid for in advance.

1.2.10.2. CMS Services means the provision of access to CMS, where the Local Experts can upload Content to create their audio tours and use other available functionalities. All Content uploaded to CMS (subject to GlobeTrott approval) will be made public and available to Travellers.

1.2.11. Content means audio tours, blog posts, articles or any other content provided by GlobeTrott or by the Local Expert, which is accessible to Traveller on the App, the Website, and the GlobeTrott’s social media accounts. The Traveller can access the Content when using the App or visiting the Website. Content that is a Paid Service will be made accessible to the Traveller only or after it was paid for.

1.2.12. Traveller’s Content means reviews, ratings, comments or other types of content and materials that the Traveller may create, submit, post, display, transmit, perform, publish, distribute, or broadcast to GlobeTrott or on the Platforms.

1.2.12. GlobeTrott, the Traveller and the Local Expert are collectively referred to as the Parties in the present Terms. This definition is used for the clauses of these Terms which apply to all of them.

1.3. The Terms must be followed by each User, regardless of the type of Services used. By agreeing to these Terms, the User represents and warrants that they have the right, authority, and ability to agree to these Terms.

1.4. In addition to these Terms, the provisions of legal acts of the Republic of Lithuania, special terms and conditions (ex. promotion, competition) provided on the Website, and the provisions of agreements concluded between the Local Expert and GlobeTrott, if any, shall apply to regulate the relations between the User and GlobeTrott.

1.5. If any provision of these Terms is contrary to law or becomes invalid in whole or in part for any reason, it shall not invalidate the remaining provisions of the Terms. Such provision will be separated from the remaining Terms, which will continue in full force and effect to the fullest extent permitted by the legal acts.

1.6. The use of the App, within the meaning of these Terms, includes the performance of all and any actions by the Traveller’s access to the App using an Internet connection and mobile device, whereas the use of CMS, within the meaning of these Terms, includes the performance of all and any actions by the Local Expert’s access to CMS using an Internet connection.

1.7. The Services may include certain features, functionality and/or content that may be hosted, administered, supplied by, or operated by third party service providers, such as social network operators, blogs, shopping, payment processing operators, etc. These service providers may require agreeing to their additional terms and conditions and compliance with any such additional terms and conditions is solely User’s responsibility.

1.8. Users may link to the Services, provided this is done in a fair and legal manner, that does not damage, diminish or take any advantage of GlobeTrott’s reputation. The Services must not be ‘framed’ on or within any other website. Any service that links to or otherwise interacts with the Services must (i) not scrape the Content from our Platforms, including its databases or feeds and reuse for its own or public use, and (ii) not imply that GlobeTrott is endorsing its products or services.

1.9. By using the Platforms and the Services, the User confirms and acknowledges that the User is familiar with these Terms, agrees to them and undertakes to fully comply with them. If the User does not agree to the conditions of these Terms or does not understand them, he or she shall not be allowed to visit or use the Platforms.

2. CONDITIONS FOR USING THE APP

2.1. The App provides Travellers with access to the Content. The information and Content provided on the App is intended only for the personal use of the Travellers and cannot be distributed across other mediums for any commercial gains or purposes.

2.2. GlobeTrott grants the Traveller a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by the Traveller, and to access and use the App on such devices strictly in accordance with the Terms. The Traveller shall not:

2.2.1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;

2.2.2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;

2.2.3. Violate any applicable laws, rules, or regulations in connection with access or use of the App;

2.2.4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by GlobeTrott or the licensors of the App;

2.2.5. Use the App for any revenue-generating endeavour, commercial enterprise, or other purposes for which it is not designed or intended;

2.2.6. Make the App available over a network or other environment permitting access or use by multiple mobile devices or users at the same time;

2.2.7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;

2.2.8. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App;

2.2.9. Copy any Content accessible on the App;

2.2.10. Publish fake, unwanted, profane or immoral comments in the Content review section.

2.3. The App is intended for Travellers, who are at least 13 years of age. Junior Travellers, who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the App.

2.4. The Traveller must register (by filling in the required data or by using his/her Facebook, Apple and Google accounts) and log in to the App to access the Services that are available via the App. The Traveller, following the registration instructions provided on the App, shall provide the requested data, confirm his/her registration, and select the Services to be used. Before completing the above steps, the Traveller acknowledges that he/she has read and got familiar with these Terms and GlobeTrott’s Privacy Policy.

2.5. By registering on the App through Facebook, Apple and/ or Google accounts, Traveller permits GlobeTrott to access information from Traveller’s social profiles retrospectively in accordance with our Privacy Policy. Traveller may control the amount of information that GlobeTrott can access by adjusting their privacy settings on respective social media account profiles. By using the Services, Traveller authorizes GlobeTrott to collect, store, retain, and use all information permitted by Facebook, Apple, and Google in accordance with GlobeTrott’s Privacy Policy.

2.6. The Traveller acknowledges that all registration information he/she has provided is true, accurate, current, and complete. If the Traveller fails to do so GlobeTrott has the right to suspend or terminate Traveller’s account and refuse all current or future use of the App or the Services (or any part of thereof).

2.7. The Traveller undertakes to treat identification details, passwords and other pieces of information provided as part of our security procedures as confidential information and not to disclose it to any third party. GlobeTrott takes no responsibility for any problems with Traveller’s account due to misuse of Traveller’s identification details and/or passwords. If the Traveller becomes aware of or suspects any breach of the security of any portion of the Services, he/she shall notify us immediately at privacy@globetrott.com. At the request of the Traveller, we undertake to immediately prohibit the access to Traveller’s account. Such a request must be made to us in writing.

2.8. Once registered, the Traveller can access the Content provided on the App and can use the Services provided by GlobeTrott. To get access to Paid Services (e. g. paid audio tours), the Traveller shall pay indicated fees. Upon receipt of payment for the selected Paid Services, GlobeTrott will provide the Traveller with access to the requested Paid Services.

2.9. Some Content provided through the App has functionalities that can be enabled only subject to using Traveller’s geolocation data. GlobeTrott uses such data strictly in accordance with GlobeTrott’s Privacy Policy. If Traveller decides not to share the geolocation data with us, the Traveller will still have access to the ordered Content Services, with the reservation that some functionalities may not be available.

3. CONDITIONS OF POSTING REVIEWS, RATINGS AND OTHER TRAVELLER’S CONTENT

3.1. After using the Content Services, the Traveller has an option to leave reviews, ratings, and may create, submit, post, display, transmit, perform, publish, distribute, or broadcast Traveller generated content and materials to GlobeTrott or on the Platforms, i.e. the Traveller’s Content.

3.2. When posting or creating Traveller’s Content, the Traveller must comply with the following criteria:

3.2.1. The Traveller should have first-hand experience with the Content being reviewed or rated;

3.2.2. Traveller’s Content should not contain references to the activity prohibited by laws or other legal acts;

3.2.3. The Traveller should not be affiliated with competitors if posting negative Traveller’s Content;

3.2.4. The Traveller may not post any false or misleading statements;

3.2.5. The Traveller may not encourage others to post reviews or ratings, whether positive or negative.

3.3. GlobeTrott reserves the right to rectify, delete or block the Traveller’s Content at any time if it violates these Terms or the law.

3.4. Traveller’s Content may be viewable by other Users of the Platforms and through third-party websites. As such, any reviews, ratings, or other content the Traveller transmits may be treated as non-confidential and non-proprietary. When the Traveller creates or make Traveller’s Content available, they thereby represent and warrant that:

3.4.1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the Traveller’s Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

3.4.2. they are the author and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize GlobeTrott to use Traveller’s Content in any manner in accordance with the Terms;

3.4.3. they have the written consent, release, and/or permission of each identifiable individual person mentioned within the Traveller’s Content unless such consent and permission is not required following the provisions of applicable legal acts;

3.4.4. Traveller’s Content is not false, inaccurate, or misleading;

3.4.5. Traveller’s Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

3.4.6. Traveller’s Content is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by GlobeTrott);

3.4.7. Traveller’s Content does not ridicule, mock, disparage, intimidate, or abuse anyone;

3.4.8. Traveller’s Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;

3.4.9. Traveller’s Content does not violate any applicable law, regulation, or rule;

3.4.10. Traveller’s Content does not violate the privacy or publicity rights of any third party;

3.4.11. Traveller’s Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;

3.4.12. Traveller’s Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

3.4.13. Traveller’s Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;

3.4.14. Traveller’s Content does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.

3.5. Traveller grants GlobeTrott a non-exclusive, worldwide, royalty-free, irrevocable, perpetual licence to use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and exploit Traveller’s Content in any form or format, and for any purposes, including without limitation third party websites and after the termination of Traveller’s account, and unconditionally waives all moral rights in respect of such reviews, ratings or Content.

3.6. The above licence grants GlobeTrott:

3.6.1. the right to use Traveller’s Content for commercial purposes such as, without limitation, advertising campaigns or sponsored content. The traveller shall not be entitled to any remuneration for such use;

3.6.2. the right to use Traveller’s name and picture, to the extent that Traveller’s Content includes Traveller’s name or picture.

3.7. The above licence also applies to any Traveller’s Content made available by Traveller when using the GlobeTrott-specific hashtags on Instagram or on any other platform or in the context of any other social media campaign.

3.8. The above licence does not affect Traveller’s other ownership or license rights in reviews, ratings, or content provided by him/her and he/she shall retain any intellectual property rights or other proprietary rights associated with it.

3.9. Traveller’s Content is not verified by GlobeTrott for accuracy and may be incorrect or misleading. GlobeTrott does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions or statements posted by the Traveller and it does not represent the view of GlobeTrott. Therefore, GlobeTrott takes no responsibility regarding it.

4. PAYMENT FOR PAID SERVICES

4.1. Registration, creating an account and some of the Content Services is available free of charge for the Travellers on the App. If the Traveller chooses the Paid Services, they must pay the set price for the services as indicated in the App before they are granted full access to the purchased Content (Paid Services).

4.2. The Traveller shall pay for the Paid Services using one of the available payment methods: (1) debit or credit card payment (GlobeTrott uses Stripe payment collection infrastructure to execute debit and credit card payments), (2) Apple Pay (iOS and MacOS only), (3) Google Pay (Android only) or (4) promo/discount codes which are described in clause 4.5 of the Terms. The total amount due must be credited to GlobeTrott’s account before the Paid Services will be provided to the Traveller. If the payment fails, it shall be deemed that the order for Paid Services has been cancelled and GlobeTrott shall be entitled to refuse delivering Paid Services without a separate notice. GlobeTrott assures that all transactions are secure and encrypted.

4.3. After purchase, the Traveller will be able to access Paid Services an unlimited number of times during a limited 2-year period, unless GlobeTrott makes the requested Paid Services unavailable due to non-compliance with the Terms or for any other reasons. GlobeTrott reserves the right to temporarily or permanently suspend access to some pieces of Paid Services without notifying the Traveller.

4.4. GlobeTrott reserves the right to change the pricing of the Paid Services or the payment process at any time. New rates will be published on the App, GlobeTrott does not need to inform the Traveller in any other way about the changes in pricing.

4.5. The Traveller may be granted a promo/discount code to receive a monetary discount for the Paid Services. To obtain the discount, the Traveller must provide a relevant promo/discount code during the payment process. Only one promo/discount code can be used per one order and additional terms and conditions may apply in respect of each promo/discount code. GlobeTrott reserves the right to decline any promo/discount code that is invalid or that has expired.

4.6. GlobeTrott reserves the right to refuse, cancel or limit any order for Paid Services placed by the Traveller.

4.7. GlobeTrott shall not provide refunds for the Paid Services purchased by the Traveller. As mentioned below in these Terms, GlobeTrott takes no responsibility regarding the quality of the Content.

5. CONDITIONS OF USING CMS AND UPLOADING THE CONTENT

5.1. CMS provides Local Experts with the access to a content management system (CMS) where the Local Experts can upload the Content.

5.2. The Local Expert shall be legally capable person, i. e. the person who has reached the age of majority and whose legal capacity is not restricted by a court.

5.3. GlobeTrott grants the Local Expert a revocable, non-exclusive, non-transferable, limited right to access and use CMS on electronic devices owned or controlled by the Local Expert in strict accordance with these Terms. Local Expert shall not:

5.3.1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt CMS;

5.3.2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from CMS;

5.3.3. Violate any applicable laws, rules, or regulations in connection with your access or use of CMS;

5.3.4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by GlobeTrott or the licensors of CMS;

5.3.5. Use CMS for any purpose for which it is not designed or intended;

5.3.6. Use CMS for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for our Services;

5.3.7. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with CMS;

5.3.8. Copy Content of other Local Experts accessible on CMS;

5.3.9. Publish fake, unwanted, profane or immoral Content.

5.4. For CMS to be accessible, the Local Experts must register (providing the required data), confirm their registration and to log in. Before completing the above steps, the Local Experts acknowledge that they have read and become familiar with these Terms, as well as GlobeTrott’s Privacy Policy.

5.5. The Local Experts acknowledge that all registration information they have provided is true, accurate, current, and complete. If the LocalExpert fails to do so GlobeTrott has the right to suspend or terminate the Local Expert’s account and refuse all current or future use of CMS.

5.6. The Local Expert undertakes to treat identification details, passwords and other pieces of information provided as part of our security procedures as confidential information and not to disclose it to any third party. GlobeTrott takes no responsibility for any problems with Local Expert’s account due to misuse of identification details and/or passwords. If the Local Expert becomes aware of or suspects any breach of the security, they shall notify us immediately at privacy@globetrott.com. At the request of the Local Expert, we undertake to immediately prohibit the access of the Local Expert’s account. Such a request must be made to us in writing.

5.7. After completing the registration, the Local Expert receives access to the CMS and can start publishing Content to the App and the Website. Local Experts oblige, undertake and guarantee that:

5.7.1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the provided Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

5.7.2. they are the author and owner of or have all necessary licenses, rights, consents, releases, and permissions to use the provided Content and to authorize us, to use the provided Content in any manner contemplated by these Terms;

5.7.3. they have the written consent, release, and/or permission of each identifiable individual person in Traveller’s reviews, ratings, or Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of it in any manner contemplated by the Terms, unless such consent and permission is not required following the provisions of applicable legal acts;

5.7.4. the provided Content is accurate, truthful and not misleading;

5.7.5. the provided Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

5.7.6. the provided Content is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);

5.7.7. the provided Content does not ridicule, mock, disparage, intimidate, or abuse anyone;

5.7.8. the provided Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;

5.7.9. the provided Content does not violate any applicable law, regulation, or rule;

5.7.10. the provided Content does not violate the privacy or publicity rights of any third party;

5.7.11. the provided Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 sexually or violently;

5.7.12. the provided Content does not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;

5.7.13. the provided Content does not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap;

5.7.14. the provided Content does not otherwise violate or link to material that violates any provision of these Terms, or any applicable laws.

5.8. GlobeTrott does not guarantee that all Content, provided by the Local Expert, will be made available for the Travellers. We have the right, in our sole and absolute discretion, to: (i) edit, redact, or otherwise change the Content or any portion of hereof; (ii) re-categorize any Content and to place it in more appropriate locations on the Website or the App; and (iii) pre-screen or delete any Content at any time and for any reason, without notice. Notwithstanding the above, GlobeTrott has a right but no obligation to routinely monitor Content and GlobeTrott is not liable for any statements or representations in the Content. GlobeTrott reserves the right to rectify or delete the Content if it is profane, immoral, unlawful, or inaccurate.

5.9. The Local Expert has a right to receive a commission for uploaded Content used by Travellers who subscribe and pay for the Paid Services. The size of the commission, the payment procedure and other terms shall be specified by the separate agreement concluded between the Local Expert and GlobeTrott.

5.10. The Local Expert shall be paid a commission in the event when the Traveller subscribes to and pays for Paid Services that include Content created by the Local Expert. Payment for the Paid Services shall be deemed to be made when the Traveller’s payment is credited to GlobeTrott's account.

5.11. GlobeTrott reserves a right not to pay the agreed commission in cases when it turns out that Local Expert’s content is misleading, inaccurate, infringes copyrights or any other rights of third parties, or violated these Terms in any other manner.

6. CONDITIONS FOR USING THE WEBSITE

6.1. Use of the Website is subject to the terms and conditions for use of the App and the CMS, as well as the terms and conditions for use for posting Traveller’s Content, where appropriate due to the context. The User undertakes to visit and use the Website in accordance with the Terms, as well as GlobeTrott’s Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All information and materials available on the Platforms, including but not limited to the Content (both, created by Local Experts and GlobeTrott), Traveller’s Content, and all texts, photographs, images, illustrations, designs, audio clips, videoclips, data, or compilations contained in the Services, other information and materials posted or available on the App or Website and etc., is protected by law as copyrighted materials. GlobeTrott is the owner or the licensee of all intellectual property rights into such copyrighted materials. All rights in such copyrighted materials are reserved. Except as expressly set out in these Terms, Users are granted no intellectual property rights in the copyrighted materials available on the Platforms.

7.2. If the User wants to share Content or other copyrighted materials available on the GlobeTrott’s Platforms on other mediums the User shall only be entitled to do so by sharing a link that directs back to the Website. Sharing the Content itself without stating GlobeTrott as the copyright owner is in breach of these Terms and copyright laws.

7.3. In addition to what is stated in these Terms, Local Experts agree to transfer all economic rights to Content created by them in accordance with terms stated in a separate agreement entered between the Local Expert and GlobeTrott. This restriction is not applicable to the live tours personally offered by the Local Experts to the tourists as his/her daily professional activities.

7.4. After the Content, created by Local Experts or by Travellers (Traveller generated content, including but not limited to comments, reviews, and ratings sections), is published on any of GlobeTrott’s Platforms, the User has no right to oppose further use of it by GlobeTrott.

7.5. The Parties expressly agree that all the intellectual property rights in the GlobeTrott’s Platforms, as software, as well as all updates, changes, enhancements, additions, fixes, and new versions thereof, belong to GlobeTrott and these rights shall not be assigned or granted to the User.

7.6. The User shall not be entitled to make any changes or modifications to the Platforms’ software code or other components, apply reverse engineering or perform any other actions that could affect the operation or integrity of the Platforms’ software. The User undertakes not to use the knowledge gained using the Platforms directly or indirectly in the development of Platforms whose operation and functions are analogous to the operation of the Platforms software.

7.7. The use of the Platforms does not allow the User to register any rights directly or indirectly to the Platforms software in any territory on behalf or for the benefit of the User. Any registration of rights to the Platforms on behalf of or for the benefit of the User will be considered a material breach of these Terms, and we will have the right to immediately re-register all such rights on our own behalf or on behalf of another person. In this case, the User undertakes to sign all documents necessary for the exercise of such right and to reimburse all the related costs.

8. ADVERTISEMENTS

8.1. We allow advertisers to display their advertisements and other information in certain areas of the Website and the App (e. g. including display advertising banners). Advertisers take full responsibility for any advertisements they place on the Website and the App and any services provided, or products sold through those advertisements. GlobeTrott simply provides the space to place such advertisements and has no other relationship with advertisers.

8.2. GlobeTrott participates in affiliate marketing and may allow affiliate links to be encoded on the Website and the App. This means that we may earn a commission when you click on it, make a purchase via, or take any other relevant action via the affiliate links. Our affiliate partners may require the User to agree to their additional terms. User’s compliance with any such additional terms is solely User’s responsibility and will have no effect on User’s obligation to comply with these Terms.

8.3. GlobeTrott has no control over the contents of affiliate links and accepts no responsibility for them or for any loss or damage that may arise from any use of them. We accept no liability of any kind for any information, products or services provided in or through any third-party websites or content.

9. FUNCTIONING OF THE PLATFORMS

9.1. We aim to achieve accessibility of the Platforms 99% of the time. Nevertheless, the User understands and confirms that the Platforms are provided “as it is” and we make no warranties as to the quality of the Platforms operation, uninterrupted operation, absence of interruptions or errors. We shall not be held liable for:

9.1.1. Temporary and/or permanent downtime and/or malfunction, temporary unavailability of the Platforms, provided it was caused by objective reasons;

9.1.2. Loss of or damage to the User’s data;

9.1.3. Storage of information and data – transferred by the User to GlobeTrott server while using the Platforms – upon the termination of the use of the Platforms.

9.2. From time to time, we may restrict access to any or all parts of the Services or Platforms, at our sole and absolute discretion.

9.3. We shall be entitled to:

9.3.1. Change the technical specifications and functionalities of the Platforms.

9.3.2. Suspend access to the Platforms for Users whose actions harm other Users, who use more resources than usual or those whose use of the Platforms does not comply with the conditions of these Terms. We shall unilaterally determine whether the User’s actions are harming other Users.

9.4. The Platforms’ software updates and improvements shall be performed at GlobeTrott’s discretion, as deemed necessary, as well as at a time of GlobeTrott’s choice. As they are performed centrally for all Users, it is not possible to require that the Platforms would not be updated in respect of a specific User.

10. LIMITATION OF OUR LIABILITY

10.1. GlobeTrott makes reasonable efforts to update the Content provided via the Platforms, however we make no representations, warranties or guarantees, whether expressed or implied, that such Content is correct, accurate, complete, or up to date. GlobeTrott takes no responsibility for the accuracy of Content, and has no duty to verify, update, amend or rectify publicly any forward-looking statements contained on the Content.

10.2. GlobeTrott shall not be liable for any loss or damage caused by any form of denial-of-service attack, virus, worm, Trojan, logic bomb or other technologically harmful material that may infect any User’s electronic, mobile device, software, data, or other proprietary material due to use of the Platforms and Services or using of any Content posted on the App and the Website.

10.3. The User shall be aware that certain functions of the Platforms require an active internet connection. The device can be connected to Wi-Fi or use data provided by a mobile network provider, however GlobeTrott shall not take responsibility for the Platforms not working at full functionality if the User does not have an active internet connection.

10.4. The User shall remember that using mobile data, especially when roaming abroad, may incur additional costs. While using the Platforms, the User accepts all responsibility for any such charges, including roaming data charges if they use the Platforms outside of his home region or country without turning off data roaming.

10.5. To get all App functionalities the Traveller needs to use the latest version of the App. GlobeTrott does not take any responsibility if the Traveller fails to keep the App up to date and as a result cannot access its functionalities and Services.

10.6. Traveller takes all the responsibility to make sure that his device stays charged – if it runs out of battery and the Traveller cannot turn it on to avail the Services, GlobeTrott does not take any responsibility regarding this matter.

10.7. The Traveller agrees and acknowledges that if he/she gets distracted and gets into an accident while using Services (e. g. listening to audio tour) he/she shall not blame GlobeTrott for it. GlobeTrott takes no responsibility for that kind of events and shall not be liable for them.

10.8. Each User agrees to indemnify, defend and hold harmless GlobeTrott, its subsidiaries, officers, employees, agents, service providers and contractors from and against any and all claims, losses, expenses, demands or liabilities (including any attorneys’ fees and costs), incurred by GlobeTrott that may arise out of or relate to:

10.8.1. any claim by a third party relating to the posting, distribution, modification or alteration by the User of any Content or Traveller’s Content

10.8.2. the User’s use of the Services or Content or Traveller’s Content, in violation of these Terms or in violation of any applicable law or otherwise.

11. PERSONAL DATA

11.1. GlobeTrott shall be acting as the controller of the personal data in relation to the data provided by the User during registration to the Platforms, as well as while visiting and using the Platforms.

11.2. The personal data of the User is processed only as long as the Services are provided. Provisions related to the protection and processing of the personal data being processed are set out in GlobeTrott Privacy Policy which is published on the Website.

12. EXCHANGE OF INFORMATION AND COMMUNICATION

12.1. GlobeTrott shall send notices and otherwise keep in touch with the Users via the e-mail address or telephone number, provided in the form of the User’s registration, or in any other way the User indicated they can be reached by.

12.2. The Users shall send all notices, questions and otherwise contact us by sending an e-mail to info@GlobeTrott.com or contacting us via post: Spindulio g. 5-27B, Šiauliai, Lithuania.

12.3. The Parties agree that the presence of a copy of an e-mail or other message addressed to the User on our server (database or other device storing the relevant information) shall be appropriate proof of the sending of any information. However, in case of notices, a follow up should be sent to acknowledge if the initial email has been received.

12.4. The User will receive administrative communications from GlobeTrott using the email address or other contact information the User provided during registration. Enrollment in the newsletter subscription will not affect the frequency of these administrative emails, though the User should expect to receive additional emails specific to the program(s) to which they have subscribed.

12.5. The Traveller may also receive promotional messages from us, opt-out option is provided as it is set out in our Privacy Policy. The Traveller may not be able to take advantage of certain promotions if they choose to opt-out from the above messages.

13. AMENDMENT OF THE TERMS

13.1. As the Platforms and the Services are constantly improving and evolving to ensure a more convenient and safer use of the Platforms, we reserve the right to amend the Terms unilaterally.

GlobeTrott will publish all the amendments to the Terms on the Website and the App.

13.2. Amendments to the Terms will take effect upon their publication on the Website and the App. GlobeTrott does not need to actively inform Users of these changes. It is User’s responsibility to periodically review these Terms to stay informed of updates and amendments.

13.3. By continuing the use of the Platforms and the Services, including but not limited to extending the Services, ordering new Services, making any action on the Platforms after the taking effect of amendments to the Terms, the User acknowledges that he/she has acquainted itself with such amendments and fully agrees to them.

13.4. GlobeTrott reserves the right to post, from time to time, additional terms that apply to specific parts of the Services including without limitation competitions, prize draws and promotions. User’s use of those parts of the Services constitutes his/her agreement to those additional terms.

13.5. The Services ordered before the amendment of the Terms shall be provided in the order and within the terms established in the Terms in force at that time.

14. FINAL PROVISIONS

14.1. The Terms are governed by the law of the Republic of Lithuania.

14.2. The User is not entitled to transfer its rights and obligations arising from these Terms to third parties without the prior written consent of GlobeTrott.

14.3. All disagreements between GlobeTrott and the User regarding the implementation of these Terms shall be resolved through negotiations. If the parties fail to resolve the dispute through negotiations, within 30 (thirty) days from the initiation of negotiations, such dispute shall be finally settled in the courts in accordance with the laws of the Republic of Lithuania, determining jurisdiction according to GlobeTrott’s registered office.

14.4. If the User has, in GlobeTrott’s sole opinion, breached any of the provisions of these Terms, GlobeTrott reserves the right to terminate that User’s entitlement to use the Services for all purposes.

14.5. The Terms will enter into force from the moment the User confirms that he/she agrees to them and shall be valid until GlobeTrott will be providing the Services to the User.